Rowboat

Welcome to Rowboat, proprietary software for parsing, examining, and visualizing data files. By accessing and downloading the Rowboat software (“Rowboat”) from the Rowboat website (the “Site”), you accept and agree to be bound by the following Terms of Service, which comprise a contract between you and Rowboat LLC, a Massachusetts limited liability company, acting by and through its managing member Ben Fry LLC d/b/a Fathom Information Design, a Massachusetts limited liability company (together, the “LLC”):

Eligibility. You must be at least 18 or older and of legal age to form a binding agreement or, if you are not of age to form a legally binding agreement, have your parent or guardian’s consent, to access or use Rowboat.
Rowboat. The purpose of Rowboat is to enable users to open, examine, and visualize data files.

The LLC reserves the right (a) to make material modifications to Rowboat, including but not limited to changes to existing features, functionalities, design elements, and user interfaces; (b) to introduce additional features and functionalities; and (c) to discontinue user access to Rowboat and services related to Rowboat in accordance with the terms of purchase.
Appropriate Use/ Conduct. You agree that you are responsible for your own use of Rowboat. You agree that you will use Rowboat in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws; any laws regarding the transmission of technical data exported from your country of residence; and all United States export control laws.
In addition, you agree that you will not:
- Impersonate any other person;
- Use Rowboat in any manner intended to damage, disable, overburden, interfere with, or disrupt any part of Rowboat or any platform on or through which Rowboat may be offered to you (a “Platform”), or the computer equipment or network(s) connected to Rowboat or a Platform;
- Attempt to gain unauthorized access to Rowboat or a Platform, or the computer equipment or networks connected to Rowboat or a Platform via hacking, password mining, or any other means;
- Obtain or attempt to obtain any materials or information on or via Rowboat or a Platform, if such materials or information are not intentionally made available to you through Rowboat or a Platform;
- Use any high-volume, automated, or electronic means to access Rowboat (including without limitation robots, spiders or scripts);
- Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
- Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Rowboat
- Access or interact with Rowboat (or any information provided by Rowboat) other than through Rowboat’s regular user interface; or
- Access or use Rowboat in a manner prohibited by applicable laws, directives, regulations or these Terms of Service.
- Resell or redistribute Rowboat.
- Attempt to reproduce, reverse engineer, or disassemble Rowboat.
Covered Persons. You acknowledge that “Covered Persons” means the LLC and its officers, employees, and to the extent they are working on Rowboat or the Site, its contractors, and representatives.
Disclaimer of Warranty. To the fullest extent permitted by applicable law, Rowboat and any information, products, or services therein or obtained thereby are provided “as is” without warranty of any kind (express, implied, or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The Covered Persons do not warrant that Rowboat will operate in an uninterrupted or error-free manner or that Rowboat is free of viruses or other harmful components. Without limiting the foregoing, the Covered Persons do not warrant: (a) that Rowboat will meet your requirements or expectations or achieve the intended purposes; (b) that Rowboat will not experience outages or otherwise will be uninterrupted, timely, or secure; (c) that the information or service obtained through or from Rowboat will be accurate, complete, current, error-free, or reliable; or (d) that any defects in or on Rowboat will be corrected. The Covered Persons make no representation or warranty regarding your ability to transmit and receive information from or through Rowboat, and you agree and acknowledge that your ability to access Rowboat may be impaired.
Limitation of Liability. Except insofar as the following limitation may be prohibited by applicable law, the Covered Persons shall not be liable to you or to any third party for any direct, consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, loss of profits or earning power, loss of data, losses due to errors or interruption in availability of the site, unavailability of any service, server, or communications facility, or damages due to acts or omissions of others using Rowboat), arising out of or relating to Rowboat, including without limitation your and others’ use of or inability to use Rowboat, or your reliance upon information obtained from or through Rowboat, whether based in contract, tort, statutory, or other law. The Covered Persons’ total, collective cumulative liability to you arising out of or related to Rowboat (including, without limitation, in the ways described in the preceding sentence), whether based in contract, tort, statutory or other law, will not exceed the amount, if any, that you paid to use Rowboat in the twelve months preceding the claim. The disclaimers and limitations set forth in this section shall apply to the maximum extent permitted by applicable law, whether or not the Covered Persons have been negligent or otherwise at fault.

You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these Terms of Service reflect a reasonable and fair allocation of risk between you and the Covered Persons, and that these limitations are essential to the LLC’s willingness to make Rowboat available to you. Each of these disclaimers and limitations is intended to be separately enforceable, regardless of whether any other remedy fails of its essential purpose.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If the laws or regulations of these jurisdictions apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification. You agree to indemnify the Covered Persons and hold them harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of Rowboat in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of Rowboat.
Content. You acknowledge and agree that the LLC is not responsible for any content or materials created through your use of Rowboat. You are solely responsible for any assumptions or conclusions drawn and/or distributed from your use of Rowboat.
Damages. The LLC is not responsible for any corruption, damage, or destruction done to files processed through Rowboat.
No Third-Party Beneficiaries. These Terms of Service are for the sole benefit of the parties and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or confers upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service.
Intellectual Property. All right, title, and interest in and to Rowboat, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and Rowboat’s “look and feel” (collectively, “Content”), are and will remain the LLC’s exclusive property. Rowboat is protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Except as otherwise stated herein, you shall not use our Content without our express written permission. All rights not expressly granted to you in these Terms of Service are reserved by the LLC.
Use of Name. You will not use any trademark or trade name of the LLC or any variation, adaptation, or abbreviation, of such mark or trade name, or any names of their officers, faculty, employees, or agents without the express written consent of an individual authorized to grant such right on the LLC’s behalf.
Export Regulation. Rowboat may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You agree that not to, directly or indirectly, export, re-export, or release Rowboat to, or make Rowboat accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You also agree to comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making Rowboat available outside the U.S.
Choice of Law and Forum Selection. You agree that these Terms of Service and any claim or dispute arising out of or relating to these Terms of Service or your use or attempted use of Rowboat will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).
Whole Agreement/Amendments. These Terms of Service (along with, as applicable, any Terms of Service or user agreement posted by a Platform) constitute the entire agreement between you and the LLC with respect to your use of Rowboat. The LLC reserves the right to amend these Terms of Service unilaterally and at any time. The LLC will post notice of changes to the terms on this webpage, and by accessing or using Rowboat after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.
Severability. If any portion of these Terms of Service is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention, and the remaining portions will remain in effect.